NARINDER KAUR Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 21.10.2010 passed by the learned District Judge, Kurukshetra, whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent was allowed.

(2.) The brief facts of the case as pleaded in the divorce petition are that the marriage between the parties was solemnized on 27.2.1993. From the wedlock, two children were born. The petitioner was serving with a cooperative society at Jalgaon (Maharashtra) and used to visit his native place during vacation. The behaviour of the appellant was improper towards the petitioner, his parents and children. She never performed household duties with devotion. The mother of the respondent used to cook and other household work. Besides this, the appellant neglected the children as well. The respondent left his job in the year 2002, hoping some change in the behaviour of the respondent. The respondent owns 1/2 acres of land at his native village Diwana. As the respondent left his job, the earning of the family decreased. Due to this, the respondent became further harsh and arrogant. She even started beating the children. The appellant was encouraged by her mother as well as her sister for such type of activities. The appellant would frequently go to her parents without any intimation to her husband and other family members. It was also pleaded in the petition that the appellant involved herself in Tantrik activities. On 12.3 2005, the appellant left her matrimonial home in the absence of the respondent and took away all the valuable ornaments with her. The respondent tried his level best to rehabilitate the appellant. A panchayat was also convened, but no settlement could be achieved. In these circumstances, the respondent filed the petition under Section 13 of the Act.

(3.) The appellant -wife filed the reply and stated that she was still ready and willing to join the company of the respondent. The respondent always refused to keep her as his wife despite many efforts made by her, through convening the Panchayats. The family members of the respondent repeatedly raised the demand of dowry on not being able to fulfill their demands, they started harassing her. She was beaten up by her husband and was thrown out from the matrimonial home during night hours. The appellant also pleaded that the respondent-husband had illicit relations with sister-in-law, namely Darshan Kaur (brother's wife of the respondent). The appellant also took the stand that due to the behaviour of the respondent, she also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005.